Rate of tds
This query is : Resolved
RAHUL SHARMA
(Querist)
08 February 2012
My Client recieved an Professional Service/Technical Service from NRI. NRI belongs from Malaysia..& there is no any agreement between both the Parties.. Please tell me at what rate of TDS is deduct on payment to NRI & what is the effect of DTAA on Trasaction
CA MANOJ GUPTA
(Expert)
09 February 2012
tax will be deducted at 30 percent plus applicable surcharge and cess
CA MANOJ GUPTA
JODHPUR
09828510543
CA MANOJ GUPTA
JODHPUR
09828510543
RAHUL SHARMA
(Querist)
09 February 2012
thanks.. but tell is there ant DTAA effect on this transaction..
Vishal D Shah
(Expert)
11 February 2012
Article 13 of India Malaysia Treaty prescribes rate of 10%.
In case if it could be demonstrated as professional services it could be covered under article 14 & no tax needs to be deducted.
The term “professional services” includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, surgeons, lawyers, engineers, architects, dentists and accountants
In case if it could be demonstrated as professional services it could be covered under article 14 & no tax needs to be deducted.
The term “professional services” includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, surgeons, lawyers, engineers, architects, dentists and accountants
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